The Fiscal Management Regulations, 2009

Legal Notice 163 of 2009

Citation: Legal Notice 163 of 2009
Primary work: Fiscal Management Act
Date: 6 November 2009
Language: English
Type: Legal Notice

LAWS OF KENYA

FISCAL MANAGEMENT ACT

THE FISCAL MANAGEMENT REGULATIONS, 2009

LEGAL NOTICE 163 OF 2009

Commenced on 6 November 2009

1. Citation

These Regulations may be cited as the Fiscal Management Regulations, 2009.

2. Interpretation

In these Regulations, unless the context otherwise requires—"accounting officer" has the meaning assigned thereto in the Government Financial Management Act, 2004 (No. 5 of 2004).

3. Sensitization of public officers

Every accounting officer shall bring to the attention of every public officer working under him, the provisions of the Act and these Regulations regarding the principles and practice of prudent financial management.

4. Preparation of budget policy statement, etc.

The Treasury shall not later than 1st September in every year, issue a circular providing guidelines on the budget preparation and the calendar that leads to the budget policy statement and annual estimates in respect of the ensuing financial year.

5. Inclusion of action taken on audit recommendations in Treasury report

(1)Where the audit recommendations made by the National Assembly under section 9(2) of the Act have been received by the Treasury after 31st December of the preceding calendar year, the Treasury may not include a report on the implementation of the recommendations in the immediate Treasury report but shall include it in the subsequent report.

(2)Every accounting officer shall, within thirty days after every quarter of the financial year, submit to the Treasury a report on the action taken to implement the audit recommendations made by the National Assembly.

6. Preparation of the annual budget by public entities

(1)Every public entity shall, by the 28th of February each year, prepare its budget and submit it to its parent Ministry in form FMR 1 set out in the Schedule.

(2)A parent Ministry may, as long as the substance of the form relating to revenue and expenditure prescribed in the form is included, modify form FMR 1 submitted by a public entity falling under its mandate.

(3)A parent Ministry shall keep a detailed budget in each public entity falling under its mandate.

7. Forms for the publication of monthly revenues and net exchequer issues

For purposes of section 13 of the Act—

(a)the actual monthly revenue shall be published in form FMR II set out in the Schedule; and

(b)the net exchequer issues shall be published in form FMR III set out in the Schedule.

8. Form and content of compliance report

The Minister shall prepare the compliance report required under section 14(1) of the Act, in the form of a quarterly economic and budgetary review which shall contain the contents provided in section 14(3) and 14(4) of the Act, within forty-five days after every quarter of the financial year.

9. Criteria to determine proportion of vote on account to be withheld etc.

(1)If the National Assembly decides to withhold the vote on account of a department, the withholding of such vote on account shall remain in force until the department has complied with such conditions accompanying the withholding as the National Assembly may impose, to the satisfaction of the National Assembly.

(2)If, at the time the Appropriation Act of a particular year comes into operation, there is failure to comply with such conditions as the National Assembly may impose under paragraph (1), the National Assembly shall invoke the provisions of section 16(2) of the Act regarding withholding of amounts from the department's vote for the year as are commensurate to the amounts in the audit queries regarding the department, or such amount as the National Assembly may deem appropriate.

10. Cases not covered by Regulations

Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Treasury may from time to time issue.

SCHEDULE

FMR—I: FORM OF BUDGET BY A PUBLIC ENTITY

*Income*
(i) Own generated income	xx
(ii) Government Resources
Grants	xx
Loans	xx
(iii) Other IncomesGrantsLoans	xxxx
TOTAL INCOME		xxx
Expenditures
Recurrent Expenditures	xx
Capital Expenditures	xx
TOTAL EXPENDITURES		xxx
(Deficit) or Surplus		xxx

Notes. —"Other incomes" means all other incomes own generated not from the Government of Kenya.

FMR—II: FORM OF ACTUAL MONTHLY REVENUES

	Actual (KSh.)

Total Revenue
Ordinary revenue
Taxes on International. Trade and Transactions (Import Duty)
Excise Taxes
Taxes on Income, Profits and Capital gains (Income Tax)
Income Tax from Individuals (Pay As You Earn)
Income tax from Corporations (Other Income Tax)
Taxes on goods and services (Value Added Tax)
VAT on Domestic goods and services
VAT on Imported goods and services
Other Revenue
Investment Income (Central Bank of Kenya)
Investment Income - Others
Other taxes on goods and services
Traffic Revenue
Land Revenue
Royalties (Forest and Mining Revenue)
Fines and Forefeitures
Loan Interest Receipts
Loan Redemption Receipts
Miscellaneous Revenue
Taxes on Intl. Trade & Transactions (IDF Fee)
Reimbursements
Ministerial AIA
Grants from Foreign Govt. through exchequer
Loans from Foreign Govt. through exchequer

FMR—III: FORM OF NET EXCHEQUER ISSUES

VOTE	Ministries/Departments	Recurrent (KSh.)	Development (KSh.)

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History of this document

06 November 2009 this version

Commenced

Cited documents 1

Act 1

1.	Government Financial Management Act	42 citations